Ask a question from expert

Ask now

Unit 7 Business Law – Assignment

17 Pages4726 Words119 Views
   

Added on  2021-02-24

Unit 7 Business Law – Assignment

   Added on 2021-02-24

BookmarkShareRelated Documents
UNIT 7 LAW AND LEGAL SOLUTIONSLing Ka Yue, Katie ID Number: 199241624The University of Sunderland in Hong KongHND136 Business Law
Unit 7 Business Law – Assignment_1
P1HKSAR Legal System: There are two main legislative systems including in thelegal framework: 1. The Rule of Law 2. The Sources of Law. They are stated and controlled the legal entities inside HKSAR. The following are the evaluation:The Rule of the Law: Most important and being concerned and basic part of Hong Kong legal governing structure. The law emphasizes that anyone in Hong Kong, no matter how powerful or authority and essential to our society, also need to be punished if guilty. In addition, the rule of the law stipulates thateveryone in HKSAR is in front of law and equal. The Rule of Law largely ignores the power, wealth and status of the figure in life, which is the primary and basic of legal frame work. The rule of law promotes justice equally under independent manner and without relying on the Legislative Council of the Hong Kong Special Administrative Region. The independent courts is the judge. With the help of the rule of law, flaw is particularly important if the government lacks capacity. The rule of law is highly considered in the judicial system of HKSAR due to it does not have any form of prejudice.The Source of the law: basically, combine all essentials forms of law which theHong Kong Special Administrative Region must execute with and carry out under impeccable manner governance. The operation of the HKSARS was strengthened by adding the followings.Critical Reflection of Legal System:As the case of “Hong Kong school employing teacher suspected of hurling animals off building”, From this case, no matter of the role of teachers or who they hurt even animals, they also being sued. This the strength of legalsystem, no matter who they are, it is equal in front of law. And animals also known as life in front of law. This enhanced The Rule of Law and The Source of the Law. They were sued and carried with a maximum penalty of three years in jail and a HK$200,000 originally. However, the result of this case disappointed most of the people and disappointed to the law of Hong Kong. Atthe end of the case, Hong Kong Justice Department decided against prosecuting them reason insufficient evidence. This shows the weakness of Legal System in Hong Kong. Although anyone can be sued of guilty, even the judge make decision, once the Hong Kong Justice Department rejected, they can have final decision and appeal anytime which people may consider the equality, fairness of Legal system of HKSAR. People are not convinced it meaning of The Rule of Law and The Source of Law.
Unit 7 Business Law – Assignment_2
P2There are six legal laws including in the sources of law in the HKSAR. They are the common law and the rule of equity, Legislation and subsidiary legislation, the customary law, the national law, the basic law and the international law.Common law and the rule of Equity in the region of the HKSAR: The common law provide judgement through high of dependent on precedent doctrine.These laws are considered to be the two most important laws by the Hong Kong Supreme Court. In the past of the draft of judgement are mainly according to the common law basis for to tackle problem with local people inside HKSAR region. For the previous cases, established the beginning of framework of common law and enhanced the legal basis for cooperation between citizens and governmentsThe Customary law: The Customary law, kind of regulation from China government but also can be applied in HKSAR Region. For cases of argument on purchasing of new territories and claims of property, the Hong Kong government agreed that implement of the customary law of china is needed and is correct. The law of New Territories Ordinance, which is under the customary law is highly obey with the HKSAR courts.National Law: Many legal frameworks of the Chinese Constitution are established in the structure of the Hong Kong Special Administrative Region, as implementing the section 18 of the Basic Law. The courts of the HKSAR mainly follow the national law due to execution which issued with The NationalPeople Congress’s standing committee.Basic Law: Established when the HKSAR formed on the first of July in 1997. The law was primarily formed and developed by the China government. The Basic Law highlights the side of in a particular country but having two differenttypes of system. The socialist system and the capitalist system are the two systems for China and Hong Kong. Inside the HKSAR region jurisdiction, the Basic Law is compulsory implemented and the law implemented before wouldnot be altercate without and need to keep proper regarding. Progression into any forms on legal structure will cause changes of the law at past because of the structure follow the Basic Law. It stated besides the sector of foreign
Unit 7 Business Law – Assignment_3
affairs and defense related problems, the implication of judicial law and the primary governing regulation is rejected inside the borders of Hong Kong.International Law: Mainly used inside the jurisdiction of the HKSAR. In the lastdecades, it bounded with treaties and pact. To make international agreementseffective in the country’s common legislation, the Hong Kong Special Administrative Region government has mainly considered the application of international law. Along with applying the international law inside the region of HKSAR, developing common law will be blocked in the procedure. Besides, International law help the updated drafted and open up agreements and treaties to be merged into common law easily and maximum effectiveness.
Unit 7 Business Law – Assignment_4

End of preview

Want to access all the pages? Upload your documents or become a member.